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MOTION: Doughty SECONDED: Cribb <br />MOTION: Doughty SECONDED: Cribb <br />AYES: Verino, Mondo, Nalle, Doughty, Solorio, Cribb, Richardson <br />OPPOSED: None <br />ABSENT: None <br />ABSTAINID: None <br /> <br />D. APPEAL OF THE PLANNING MANAGER'S DECISION NO. 99-OS <br />Filed by Orange County Federal Credit Union to appeal the decision of the Planning Manager not to allow <br />the proposed building architecture within PacifiCenter located at 1701 East St. Andrew Place <br />TION: <br />Adopt a resolution denying the Appeal of the Planning Manager's Decision No. 99-05. <br />Mr. Kenneth Adams, Planning Manager, requested a continuance due to receiving a letter from Boeing, and <br />to allow staff additional time to respond to the issues raised in the letter. <br />Mr. Mark Villagomez, Beoing Realty Corporation, requested to continue the project. <br />Motion to tontinue Appeal of the Planning Manager's Decision No. 99-05. <br />MOTION: Nalle SECONDED: Verino <br />AYES: Verino, Nalle, Doughty, and Solorio <br />OPPOSED: Mondo, Richardson, Cribb <br />ABSENT: None <br />ABSTAINED: None <br />Mr. Joseph Mellnione, representing the applicant, protested the continuance on due process issues. <br /> <br />Motion to reconsider continuance. <br />MOTION: Nalle SECONDED: Verino <br />AYES: Verino, Nalle, Doughty, and Solorio <br />OPPOSID: None <br />ABSENT: None <br />ABSTAINED: None <br />Mr. Bill Apple, Associate Planner, presented the staff report and recommendation. <br />Mr. Tom Matlock, representing the applicant, spoke in support of the request, and indicated that the <br />applicant would agree to have smooth stucco and the paint of the structure would match the existing <br />buildings. <br />Motion to overturn the Planning Manager's decision and Approve Appeal of the Planning Manager's <br />Decision No. 99-OS contingent upon the applicant constructing with a smooth exterior finish and that the <br />exterior color matches the existing buildings within PacifiCenter. <br />MOTION: Richazdson <br />SECONDED: Cribb <br />AYES: Verino, Mondo, Nalle, Solorio, Cribb, and Richardson <br />' OPPOSED: Doughty <br />ABSENT: None <br />ABSTAINED: None <br />E. Discussion of Rules Governing Quasi-judicial Proceedings. <br />Mr. Gary Sheatz explained the legal differences between Planning Commissioners and Council members and <br />how this affected the way they perform their duties; the constitutional due process requirements related to <br />Commissioners functions; and the preservation of due process mandates that Commissioners abstain from <br />ex-pane contacts with the applicant and interested parties, prohibits site visits, and precludes the reliance on <br />information obtained off the record. In addition, he further explained that if any of the aforementioned <br />occurred in spite of his advice, the Commissioners were required to disclose both the substance and nature <br />of the conversations or contacts with the applicant. <br />Planning Commission Minutes 2 July 12, 1999 <br />